Article 118p. 118

COMMERCIAL LAWS NEGOTIABLE INSTRUMENTS, CORPORATION, INSURANCE, TRANSPORTATION, BANKING

If, on the contrary, there should be several charter parties,

and

by reason of the want of space all the cargo

contracted for can not be received, and none of the

charterers desires to rescind the contract, preference shall

be given to the person who has already loaded and

arranged the freight in the vessel, and the rest shall take

the place corresponding to them in the order of the dates

of their contracts.

Should there be no priority, the charterers may load, if

they wish, pro rata of the amounts of weight or space

they may have engaged, and the person from whom the

vessel was chartered shall be obliged to indemnify them

for the loss and damage.

ARTICLE 670. If the person from whom the vessel is

chartered, after receiving a part of the freight, should not

find sufficient to make up at least three-fifths of the

amount which the vessel can hold, at the price he may

have fixed, he may substitute for the transportation

another vessel inspected and declared suitable for the

same voyage, the expenses of transfer being defrayed by

him, as well as the increase, should there be any, in the

price of the charter. Should he not be able to make this

change, the voyage shall be undertaken at the time

agreed upon; and should no time have been fixed, within

fifteen days from the time of beginning to load, should

nothing to the contrary have been stipulated.

If the owner of the part of the freight already loaded

should procure some more at the same price and under

similar or proportionate conditions to those accepted for

the freight received, the person from whom the vessel is

chartered or the captain can not refuse to accept the rest

of the cargo; and should he do so, the freighter shall have

a right to demand that the vessel put to sea with the

cargo she may have on board.

ARTICLE 671. After three-fifths of the vessel is loaded, the

person from whom she is chartered can not, without the

consent of the charterers or freighters substitute the

vessel designated in the charter party by another one,

under the penalty of making himself thereby liable for all

the losses and damages occurring during the voyage to

the cargo of the person who did not consent to the

change.

ARTICLE 672. If the vessel has been chartered in whole,

the captain can not, without the consent of the person

chartering her, accept freight from any other person; and

should he do so, said charterer may oblige him to unload

it and require him to indemnify him for the losses

suffered thereby.

ARTICLE

673.

The person from whom the vessel is

chartered shall be liable for all the losses caused the

charterer by reason of the voluntary delay of the captain

in putting to sea, according to the rules prescribed,

provided he has been requested to put to sea at the

proper time through a notary or judicially.

ARTICLE 674. If the charterer should carry to the vessel

more freight than that contracted for, the excess may be

admitted in accordance with the price stipulated in the

contract, if it can be well stowed without injuring the

other freighters, but if in order to stow said freight it

should be necessary to stow it in such manner as to throw

the vessel out of trim the captain must refuse it or unload

it at the expense of its owner.

The captain may likewise, before leaving the port, unload

the

merchandise

placed

on

board

clandestinely,

or

transport it, if he can do so and keep the vessel in trim,

demanding by way of freightage the highest price which

may have been stipulated for said voyage.

ARTICLE 675. If the vessel has been chartered to receive

the cargo in another port, the captain shall appear before

the consignee designated in the charter party, and,

should the latter not deliver the cargo to him, he shall

inform the charterer and await his instructions, and in the

meantime the lay days agreed upon shall begin to run, or

those allowed by custom in the port, unless there is a

special agreement to the contrary.

Should the captain not receive an answer within the time

necessary therefor, he shall make efforts to find freight;

and should he not find any after the lay days and extra lay

days have elapsed, he shall make a protest and return to

the port where the charter was made.

The charterer shall pay the freightage in full, discounting

that which may have been earned on the merchandise

which may have been carried on the voyage out or on the

return trip, if carried for the account of third persons.

The same shall be done if a vessel, having been chartered

for the round trip, should not be given any cargo for her

return.

ARTICLE 676. The captain shall lose the freightage and

shall indemnify the charterers if the latter should prove,

even against the certificate of inspection, should one

have taken place at the port of departure, that the vessel

was not in a condition to navigate at the time of receiving

the cargo.

ARTICLE 677. The charter party shall be enforced if the

captain

should

not

have

any

instructions from the

charterer, and a declaration of war or a blockade should

take place during the voyage.

In such case the captain shall be obliged to make the

nearest safe and neutral port, and request and await

orders from the freighter; and the expenses incurred and

salaries earned during the detention shall be paid as

general average.

If,

by

orders

of

the freighter, the cargo should be

discharged at the port of arrival, the freight for the voyage

out shall be paid in full.

ARTICLE 678. If the time necessary, in the opinion of the

judge or court, in which to receive orders from the

freighters

should

have

elapsed

without the captain

having received any instructions, the cargo shall be

deposited, and it shall be liable for the payment of the

freight and expenses incurred by reason of the delay

which shall be paid from the proceeds of the part first

sold.

3. Obligations of Charterers

ARTICLE 679. The charterer of an entire vessel may

subcharter the whole or part thereof for the amounts he

may

consider most convenient, without the captain

being allowed to refuse to receive on board the freight

delivered

by

the

second

charterers,

provided

the

conditions of the first charter are not changed, and that

the person from whom the vessel is chartered be paid

the full price agreed upon even though the full cargo is

not embarked, with the limitation established in the next

article.

ARTICLE 680. A charterer who does not make up the full

cargo he bound himself to ship shall pay the freightage of

the amount he fails to ship, if the captain did not take

other freight to make up the cargo of the vessel, in which

case he shall pay the first charterer the difference should

there be any.

ARTICLE 681. If the charterer should ship goods different

from those indicated at the time of executing the charter

party, without the knowledge of the person from whom

the vessel was chartered or of the captain, and should

thereby give rise to losses, by reason of confiscation,

embargo, detention, or other causes, to the person from

whom the vessel was chartered or to the shippers, the

person giving rise thereto shall be liable with the value of

his shipment and furthermore with his property, for the

full indemnity to all those injured through his fault.

ARTICLE 682. If the merchandise shipped should have

been for the purpose of illicit commerce, and was taken

on board with the knowledge of the person from whom

the vessel was chartered or of the captain, the latter,

jointly with the owner of the same, shall be liable for all

the losses which may be caused the other shippers, and

even though it may have been agreed, they can not

demand any indemnity whatsoever of the charterer for

the damage caused the vessel.

© Compiled by RGL

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